NORTH AMERICA NEWS

After receiving a petition, the Consumer Product Safety Commission (CPSC) published a notice on September 1, 2016 in the Federal Register to request comments on amending the Statement of Interpretation and Enforcement Policy regarding the labeling of household products containing methylene chloride.

Currently, the policy statement provides guidance and sets forth general principles and examples for labeling to warn consumers of the potential cancer hazard resulting from certain household products, including paint strippers and adhesive removers, which contain methylene chloride. However, it does not address any acute hazard posed by inhalation of methylene chloride vapor. Therefore, the petitioner, Halogenated Solvents Industry Alliance, Inc., asked the CPSC to expand the policy statement to address the need for an acute hazard warning label on household products containing methylene chloride that are readily available for consumers to purchase and use.

The comment period concerning the petition is open until October 31, 2016.

The standard ASTM F1235-15 defines portable hook-on chairs as usually a legless seat constructed to locate the occupant at a table in such a position and elevation so that the surface of the table can be used as the feeding surface for the occupant (supported solely by the table on which it is mounted).

The standard includes performance requirements and test methods designed to ensure the satisfactory performance, and hence, minimize injuries to children resulting from normal use and reasonably foreseeable misuse or abuse of portable hook-on chairs.

US CPSC Direct Final Rule for Carriages and Strollers Enters into Force

On October 2, 2016, the Consumer Product Safety Commission (CPSC) Direct Final Rule 81 FR 37128 will enter into force. The rule will revise 16 CFR 1227 to adopt an updated applicable standard for carriages and strollers, ASTM F833-15.

In the direct final rule, a new version of the standard, ASTM F833-15 Standard Consumer Safety Performance Specification for Carriages and Strollers, will be adopted and replace the current 2013b version. The key changes in the new standard are summarized in our previous Regulatory Recap: July 2016.

Updates of ASTM Standards

Below is a summary of recently updated ASTM standards that may be of interest to our clients:

Covers minimum safety performance requirements, test methods, and requirements for labeling and instructional material to minimize hazards to young children resulting from the normal use and reasonably foreseeable misuse and abuse of expansion gates and expandable enclosures.

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ASTM F2601-16a

Standard Specification for Fire Safety for Candle Accessories

Prescribes the performance requirements and corresponding test procedures for candle accessories to help ensure a reasonable degree of personal safety during normal use, thereby, reducing incidences of fires, deaths, and injuries.

16 CFR 1234 (Proposed)

ASTM F2670-16a

Standard Consumer Safety Specification for Infant Bath Tubs

Establishes performance requirements, test methods, and labeling requirements to promote the safe use of infant bath tubs. Specifically excluded from the scope of this standard are products commonly known as bath slings, typically made of fabric or mesh.

ASTM Changes Summary Related to Candle Accessories: ASTM F2601-16a

In August 2016, a new version of ASTM F2601-16a Standard Specification for Fire Safety for Candle Accessories was published. Changes have been made to definitions, safety and performance requirements and procedures.

"Candle burner" is now defined as a candle holder that restricts the free flow of exiting combustion gases, including, but not limited to, lanterns, potpourri burners and food warmers.

"Shade" is newly added and is defined as a candle accessory placed above the candle, whose function is to modify light from the flame and change the appearance of the candle.

"Topper" is newly added and is defined as a vented candle accessory, which is placed directly on top of a container candle, to modify airflow.

There are additional requirements that apply to all types of burners designed to use a candle as a source of heat or light, or both. Candles accessories marketed as food warmers must be assessed to determine whether the item qualifies as a candle burner, a candle holder or other type of accessory and evaluated accordingly. Candle burners and potpourri burners are also subject to the requirements. Updated requirements include:

A new warning label is required for all candle burners which have the capability of accepting multiple types of candles, For example: "WARNING: For use with one, single wick container candle (Quantity, size, number of wicks and type of candle) up to 22 ounces."

If the appropriate candle in burner is a tealight, it must meet the requirements of fire safety. If the unit can be used with multiple candles, the unit is to be tested with the largest candle and the maximum number of candles specified on the label of the burner.

The new determination method requires exactly three identical candle burner samples to be tested. Each of them must be tested for at least 8 candle burn cycles. If candle reaches end of life before the 8th cycle, the test will be continued with a new candle until 8 cycles are completed.

For burner that requires tea light or candle that reach end of life within 4 hours, each candle burned to the end of life is considered a complete cycle. Thus, eight complete cycles are required.

Any candle burner shall be tested to the manufacturer’s specified instructions for use.

US State California Proposition 65: Recent 60-Day Notices

In 1986, California voters approved an initiative titled California Proposition 65 to address their growing concerns about exposure to toxic chemicals. Since its origin, there have been many lawsuits that have resulted in reformulations of consumer products containing carcinogenic and reproductively harmful chemicals on the Cal Prop 65 list.

The amendments repeal all of the current regulatory provisions of title 27 of the CCR except those added via emergency rulemaking in April 2016, which related to warning for exposures to bisphenol A in canned foods and beverages.

Key changes to the regulation are summarized below:

New definitions for terms are provided, for example:

Consumer product means any article, or component part thereof, including food that is produced, distributed or sold for the personal use, consumption or enjoyment of a consumer.

Consumer information includes warnings, direction for use, ingredient lists, and nutritional information. It does not include the brand name, product name, company name, location of manufacture or product advertising.

The amended regulation will no longer require a person to provide separate warnings to each exposed individual.

New regulations outline clearly and separately for:

The methods of transmission of each type of warning, and

The content requirements of each type of warning

New types of warnings are added to the regulations, for examples (in related to consumer product):

Raw wood product exposure warnings

Furniture product exposure warnings

In general for the consumer product exposure warning, following elements are required:

A symbol consisting of a black exclamation point in a yellow equilateral triangle with a bold black outline (on the left of word "WARNING")

The word "WARNING" in all capital letters and bold print followed by warning detail according to the type of risk, for example:

"This product can expose you to chemicals including [name of one or more chemicals], which is [are] known to the State of California to cause cancer. For more information go to www.P65Warnings.ca.gov.", or

"This product can expose you to chemicals including [name of one or more chemicals], which is [are] known to the State of California to cause birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov."

US State California OEHHA Proposes Amendment to CCR Regarding BPA in Canned and Bottled Foods and Beverages through Regular Rulemaking Procedure

On April 18, 2016, OEHHA implemented an emergency regulation regarding labeling requirements for BPA for canned and bottled foods and beverages to allow temporary use of a standard point-of-sale warning messages (See Regulatory Recap: April 2016). However, the regulation was only valid for 180 days. Thus, OEHHA proposed an amendment to the CCR in a regular rule making process to continue the use of this standard point-of-sale warning with a sunset date of December 30, 2017.

US State California OEHHA Issues Notice to Propose Chemicals for Consultation by CIC

On September 9, 2016, the Office of Environmental Health Hazard Assessment (OEHHA) issued a notice to announce that five proposed chemicals or chemical groups will be discussed at the meeting of the Proposition 65 Carcinogen Identification Committee (CIC).

The CIC is a group of expert scientists appointed by the Governor to identify chemicals that have been clearly shown though scientifically valid testing according to generally accepted principles to cause cancer. The CIC will provide the OEHHA with advice on the prioritization of following chemicals or chemical groups:

Aspartame

Asphalt and Asphalt Emissions Associated with Road Paving and Asphalt and Asphalt Emissions Associated with Roofing

Methyl Chloride

Type I Pyrethroids

Vinyl Acetate

A 45-day public comment period is open until October 24, 2016 and will be followed by a meeting on November 15, 2016. At the meeting, no listing decisions will be made for the above chemicals. The OEHHA will select chemicals for preparation of hazard identification materials in consideration for listing the chemicals under California Proposition 65 and announce those decisions in a separate notice at a later date.

US Recalls Summary (July – August 2016)

In the US, when hazards are identified in consumer products, they will be recalled and published in the Consumer Product Safety Commission (CPSC) Recent Recalls on the CPSC Website, which is updated daily. The US recalls from July 1 to August 30, 2016 are summarized below:

In Canada, when hazards are identified in consumer products, they will be recalled and published in the Recalls and Safety Alerts Database on the Health Canada Website, which is updated daily. The Canada recalls from July 1 to August 30, 2016 are summarized below:

SOUTH AMERICA NEWS

Colombia Re-Introduced Chamber of Representatives Bill Related to Lead Content Requirement in Various Products

On July 29, 2016, the Senate of Colombia proposed bill PL-2016-N033C, which establishes lead limits in various products. The bill sets requirements for products that may contain lead to prevent citizens, especially children, from lead poisoning.

Any accessible part handled by children with a lead content greater than 90 ppm (0.009%), or

Any articles with a lead content greater than 1000 ppm (0.1%)

In addition to the above products,

Paintings for decorative use at home or work shall not contain more than 90 ppm (0.009%) of lead.

In water distribution systems for human, animal or irrigation that are composed of more than 1% metal, the metal components shall not contain greater than 2000 ppm (0.2%) lead if components contact water.

EUROPE NEWS

Europe EC Implements New Harmonized Standards for LVD

On July 7, 2016, the European Commission (EC) issued and implemented a list of new harmonized standards. The list of standards shows presumption of conformity to the Directive 2014/35/EU Low Voltage (LVD), which has been effective since April 20, 2016.

After a 2-year transition period, the new LVD replaced Directive 2006/95/EC on April 20, 2016. A list of standards was published that shows presumption of conformity to the new directive. In the list, there are more than one hundred standards, some of which cover common appliances as noted below:

On August 25, 2016, Commission Regulation (EU) 2016/1416 was approved and published in the Official Journal of the European Union (EU). The newly approved regulation amends and corrects the current Food Contact Material (FCM) Regulation (EU) No. 10/2011. The amendment will update specific migration limits (SML), definitions and testing conditions.

Currently, the term "hot-fill" is used in the context of setting restrictions on the use of certain materials and articles intended to act as a receptacle for hot food. In order to clarify the scope, a new definition is added for "hot-fill", which means the filling of any article with a food with a temperature not exceeding 100oC at the moment of filling, after which the food cools down to 50 oC or below within 60 minutes, or to 30oC or below within 150 minutes. Therefore, if the material or article is intended to be employed only for hot-fill conditions, only a 2-hour test at 70°C shall be carried out.

The specific migration testing condition is updated to include new selection of test temperature:

Worst foreseeable contact temperature

Contact temperature to be selected for testing

175°C < T ≤ 200°C

200°C

T > 200°C

225°C

Food simulant D2 is updated as follows:

Food Simulant D2 (Before)

Food Simulant D2 (After)

Vegetable oil

Any vegetable oil containing less than 1% unsaponifiable matter

In addition, effective September 14, 2018, the Specific Migration Limit (SML) for Zinc and Aluminum will be updated as summarized below:

The non-compliant products were recalled due to the fact that children can suffer serious burns when nightwear can catch fire easily and quickly. Therefore, the ACCC Deputy Chair, Delia Rickard, stated that all retailers who sell garment products covered by an Australian mandatory safety standard must verify their products are compliant with the standard.

The Australian mandatory standard, AS/NZS 1249:2003, covers safety testing and labeling information regarding the flammability of children’s nightwear. For some garments, the standard mandates the mass of certain fabrics. For garments made of certain materials such as cotton, the denser the material, the quicker it will burn.

The standard also sets the maximum allowable length for trims and attachments. Lengthy trims or attachments increase the risk of a garment being exposed to a heat source, even when parents or caregivers may think a child is an adequate distance away from the heat source.

ASIA NEWS

Singapore Approves RoHS Regulation for EEE Products

In June 2016, the Minister of Environment and Water Resources in Singapore approved the amendment act S 263/2016. The amendment act revises the current Environmental Protection and Management Act to include new chemical requirements, which are similar to the European restriction of the use of certain hazardous substances (RoHS) in controlled electrical and electronic equipment (EEE).

On October 18, 2016, Thailand notification No. 374, which was published in April 2016, will enter into force. The notification includes the newly required food nutrition labeling information, Guideline Daily Amounts (GDA).

The GDA label provides energy value information and the amount of sugar, fat and sodium in the product. Apart from the content information requirement, the notification also provides the format requirements for the GDA label (See Regulatory Recap: July 2016).

On September 22, 2016, a total of 127 standards which were announced through Notice 08/2015 from the National Health and Family Planning Commission of the People’s Republic of China (NHFPC) entered into force.

Compared to the US Consumer Product Safety Improvement Act (CPSIA), the definitions of "Childcare article", "Toy", "School Implement" and "School Supplies" are different (see below).

Product

US CPSIA

Philippines proposed Bill no. 321

Childcare Article

A consumer product designed or intended by the manufacturer to facilitate sleep or the feeding of children age 3 years and younger, or to help such children with sucking or teething.

Any product intended to facilitate sleep, relaxation, hygiene, the feeding of children or sucking on the part of children (under 14 years of age).

Children's Toy

Consumer product designed or intended by the manufacturer for a child 12 years of age or younger for use by the child when the child plays.

Any product or material designed and clearly intended for use in play by children under 14 years of age.

School Implement

NA

A tool used by children for writing, drawing, coloring, marking, gluing, or erasing that is likely to be licked or put in the mouth.

School Supplies

NA

Items or articles used for educational purposes which are not likely to be put in the mouth of children.

Within three months from the effective date of this Act, the Philippine Food and Drug Administration (FDA) shall prepare a list of prohibited chemicals and substances, which may cause harm, injury, or death to children. In the list, following chemicals shall also be included:

Item

Chemicals

Testing Methods

1

Toxic Metals:

Antimony

Arsenic

Cadmium

Chromium

Lead

Mercury

For heavy metals identified in PNS/ISO 8124-3, compliance with one of the following standards is required: